158

OYSTERS. [ART. 71.

county, as the case may be, most convenient of access,
from the place where the offense may be committed,

Proceedings.

shall have jurisdiction thereof; and all proceedings,
whether before a justice of the peace, or before the cir-
cuit court for any county, shall be in the name of the
state, and if the party or parties accused shall be
acquitted, the comptroller of the state shall pay the
cost out of the fund created by this article.

Ibid s 20.
Seizure of boats
of non-resi-
dents

19. Any boat or vessel, owned cither wholly or in
part by any non-resident of this state, which may be
used or employed by any resident or non-resident of
this state in taking or catching oysters, in any of the
waters of this state, with scoop, scrape, drag or dredge,
shall be liable to seizure and forfeiture, and upon con-
viction thereof by any justice of the peace, or in any
circuit court of any county, or the court of common
pleas of the city of Baltimore, shall be condemned to

Sale.

be sold in the same manner and upon the same terms,
and the proceeds of such sale or sales shall be disposed
of as hereinbefore provided in section sixteenth of this
article.

Ibid. s. 21.
Arrest without
warrant.

20. It shall be the duty of any sheriff, constable, or
other officer created under this article, with or without
warrant, to arrest any person or persons, and to seize
and take into custody any canoe, boat or vessel, when-
ever and wherever such person or persons, canoe, boat
or vessel, shall be found violating or being used in
violating any of the provisions of this article, and
bring the offender or offenders before the justice of the
peace or judge of a circuit court most convenient or
accessible to be dealt with as herein provided.

Ibid. s. 22
Duty of oyster
police.

21. It shall be the duty of the officer in charge of
the oyster police of the state, hereinafter provided for,
to cause the vessel under his command to cruise daily
(unless the condition of said vessel or the inclemency
of the weather prevent) in any of the waters of this
state, to overhaul and examine the licenses of all boats
or vessels engaged in taking or catching oysters in the
state, and to arrest all persons who may be found vio-
lating, or who may have been guilty of any violation